Arise Krishna v. The State of Telangana

Smt. Arise Suguna Devi, W/o. Arise Yellaiah, Aged about 63 years, Occ. Household, Rl/o. Gundaram Village, KamapurMandal, Peddapalli District ..,RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, npre partbularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent- Tahsildar in granting succession in favour of the utth respondent vide Transaction No. 2100358829, in respect of the land admeasuring Ac. 0-26. 75 Gts. in Sy.No. 40fu3, situated at Gundaram Village, KamanpurMandal, Peddapalli District, ignoring the Petitioner's Mutation Application in No. MUO21600625000, dated 21- 02-2016 is pending, as illegal, arbitrary, unconstitutional and against the principles of natural justice, and consequently direct the 2nd and 3rd respondents to cancel the succession proceedings vide Transaction No. 2100358829, issued in favour of the 4th respondent in respect of the land admeasuring Ac. 0-26. 75 Gts. in Sy.No. 404,/3, situated at Gundaram Village, Kamanpur Mandal, [) rddapalli District, and to incorporate the name of the petltioner in the Revenue r rcords as paftadar in respect of the land admeasuring Ac. 0-26. 75 Gts. in Sy.l o. 40fu3, situated at Gundaram Village, Kamanpur Mandal, Peddapalli District. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the ci cumstances stated in the affidavit filed in support of the petition, the High Court mz y be pleased to direct the 2nd and 3rd respondents not to disburse the Rythu Barrr hu amount to the 4th respondent, in respect of the land admeasuring Ac. 0-26. 7 i Gts. in Sy.No. 404/3, situated at Gundaram Vijlage, Kamanpur Mandal, Peddit,alli District, pending disposal of writ petition. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the ci sumstances stated in the affidavit filed in support of the petition, the High Court mz r' be pleased to direct the 2nd respondent to dispose of the representation of the p ,titioner dated 17- 07- 2023, pending disposal of writ petition. lA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the ci :umstances stated in the affidavit filed in support of the petition, the High Court ma ,, be pleased to direct the 4th respondent not to alienate or create any third part\ nterest over the land admeasuring Ac. 0-26. 75 Gts. in Sy.No.404/3, situated rt Gundaram Village, Kamanpur Mandal, Peddapalli District, pending disposal of \v it petition. Counsel for the Petitioner: SRI T. RAMCHANDER RAO Counsel for the Respondent Nos.1 to 3: GP FOR REVENIII Counsel for the Respondent No.4:--- The Court made the following: ORDER I 1 i i I t I I ! I I l THE HON'BLE SRI JUSTICE LAXIUI NARAYANA ALISHETTT WRIT PETITION No.21282 of 2023 ORDER: This writ petition is liled declaring the action of respondent No.3 in gra4ting succession in favour of respondent No.4 vide Ttansaction No.21OO358829, in respect of land admeasuring Ac.O.26.75 gts in Survey No.40A/3, situated at Gundaram Village, Kamanpur Mandal, Peddapalli District ('subject land' for brevity), ignoring petitioner's mutaLion application No.MUO216OO625000, d.aLed. 21.02.2016, as illegal, arbitrary and unconstitutional.

2. Heard Sri T. Ramchander Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for ollicial respondents. No represenlation on behalf of respondent No.4 despite service.

3. trarned counsel for the petitioner would submit that that petitioner is owner and possessor o[ subject land along with other lands by virtue of registered Gifl Settlement Deed h€ring Document No.25O0/2O15, dated 24.08.2015, executed by his 2 brother who is the husband of respondent No.4 h: ein. Petitioner has submitted application in Form-VIA through or .ine porta.l vide Application bearing No.MUO2 1600625000, date I 21.02.2016; before respondent No.3 seeking mutation of h r name in the Revenue records. However, respondent No.3 has rot acted upon the same.

3. 1. In the meanwhile, the petitioner in sear: r of tivelihood shifted to Hyderabad in tJre year 2O16 and he coul I not verify the status of the application and he was under the imlr ession that the sarne was allowed. While so, his brother who gifterl the property to him, expired ot lO.O2.2O2l. Thereafter, responde rt No.4 who is wife of his brother submitted application for s rccession vide Transaction No.210O358829 ald respondent No.3 ^ and without considering the fact that the subject Je thout verifying nd has already been gifted to the petitioner, granted successior in favour of respondent No.4. On coming to know about grantir 3 succession of subject land in favour of respondent No.4, tht petitioner has submitted representation to respondent No.2 or 17 .O7 .2023 to cancel the succession proceedings gfanted in favorr of respondent No.4. However, respondent No.2 did not take ac,j rn on the said I 3 representation. Aggrieved by the same, the present writ petition is filed.

3.2. Icarned counsel for the petitioner would subrnit that respondent No.4 despite having knowledge about execution of registered gift deed by her husband in favour of petitioner, has filed an application for succession with malahde intention and respondent No.3 without issuing notice and without processing the application dated, 21.02.2016, submitted by the petitioner for mutation of his name in respect of subject land allowed the succession application mechanically. Thus, prayed to allow the writ petition. karned Assistant Government Pleader for Revenue would 4. submit that application for mutation was Frled in the year 2O16 and petitioner did not pursue the sard application, therefore, aJter lapse of nine years, his application cannot be considered now' However, the petitioner may be given liberty to file fresh application and on such application being made, respondent No'3 may be directed to consider the same and pass appropriate orders, by ganting reasonable time. 4 It is evident from the record that the subject and was gifted

5. to the petitioner through registered grft s3 tlement deed No.25O0/20f5, dated 24.08.2O15, by his brother u ho is husband of respondent No.4 and an application dated 21.02 2O16 was also submitted by the petitioner for mutation of his name in the revenue records in respect of subject land. Howevt r the same was not pursued by the petitioner. It is also evident I om the record that respondent No.4 has submitted application br succession despite execution of registered gift settlement deed I y her husbard in favour of the petitioner and respondent Yo.3, without considering the fact that subject land was alreadl gifted and an application for mutation was also submitted by th,) petitioner, has mechanically granted succession in favour of respr ndent No.4 on

22.04.2021 and subsequently, Pattadar Pass booli and title deed have also been issued in favour of respondent 1 o.4, which is unsustainable and liable to be set aside and accordi; gly, set aside.

6. Considering the submissions made by the r arned counsel for the petitioner as well as learned Assistant Govt t-rment Pleader lor Revenue, the petitioner is permitted to file a frr sh application through Bhu Bharati Portal for mutation of hi s name in the I l 5 I t I 1 j Revenue records and on such application being made by the petitioner, respondent No.3 shall consider the same by duly giving notice to the alfected parties and pass appropriate orders' in accordance with law. Respondent No'3 shall complete the entire exercise within a period of two (2) months from the date of receipt of a copy of this order. 7 Accordingly, the writ petition is disposed of' No costs'

8. Pending miscellaneous appiications, if anY, shall stald closed. SD/- A.H.S. GOWRI SHANKAR SISTANT REGIS //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, Se State of Telangana, Hyderabad. riat, Saifabad, The

2. The District Collector, , Peddapalli District, at Peddapalli. 3. The Tahsildar, , KamanpurMandal, Peddapalli District. 4. One CC to Sri T. Ramchander Rao, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad IOUTI

6. Two CD Copies TJ out cAL HIGH COURT DATED:1110912025 t': ',it ORDER WP.No.21282 of 2023 - -_ajz :l t.) IA, \-)o a ? I ,All 2028 o_4 7z .;)\ , \. '-:--, - - ":_ DISPOSING OF THE B/RIT PETITION WITHOUT COSTS , 1 i i I t i I t t 3 i t i t o{*+